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Galla v. State of Maryland, 08-6000 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 08-6000 Visitors: 46
Filed: Apr. 04, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6000 JUAN GALLA, Petitioner - Appellant, v. STATE OF MARYLAND; SHEILAH DAVENPORT, CEO, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:07-cv-02758-AW) Submitted: March 27, 2008 Decided: April 4, 2008 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam op
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 08-6000



JUAN GALLA,

                 Petitioner - Appellant,

          v.


STATE OF MARYLAND; SHEILAH DAVENPORT, CEO,

                 Respondents - Appellees.


Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(8:07-cv-02758-AW)


Submitted:    March 27, 2008                 Decided:   April 4, 2008


Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Juan Galla, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            Juan   Galla,   a   state   prisoner,      seeks   to    appeal   the

district court’s orders denying relief on his 28 U.S.C. § 2241

(2000) petition and denying reconsideration.              The order are not

appealable unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.”           28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that any assessment of the constitutional claims

by   the   district   court     is   debatable    or   wrong   and    that    any

dispositive procedural ruling by the district court is likewise

debatable.    Miller-El v. Cockrell, 
537 U.S. 322
, 336-38 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683-84 (4th Cir. 2001).          We have independently reviewed the

record and conclude that Galla has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.



                                                                      DISMISSED




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Source:  CourtListener

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